HF 4689

as introduced - 91st Legislature (2019 - 2020) Posted on 05/16/2020 10:07am

A bill for an act
relating to education; providing for compensation for school employees during
distance learning periods during the 2019-2020 school year due to COVID-19.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text begin DISTANCE LEARNING PERIOD; 2019-2020 SCHOOL YEAR.
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new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this act, "distance learning period"
means March 18, 2020, through May 4, 2020, or later, if extended by emergency executive
order.
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new text begin (b) For the purposes of this section, a "school district" includes a cooperative unit under
Minnesota Statutes, section 123A.24, subdivision 2, that serves students on site.
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new text begin Subd. 2. new text end

new text begin Distance learning period; employees. new text end

new text begin (a) This subdivision applies to an
employee of a school district or charter school, during the distance learning period, who:
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new text begin (1) was scheduled to work during the distance learning period;
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new text begin (2) did not work on a scheduled day or worked fewer than the number of scheduled
hours for the employee that day; and
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new text begin (3) did not receive compensation for all scheduled hours that day.
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new text begin (b) In addition to paragraph (a), this subdivision applies to any day or portion of a day
not worked, during which the employee was scheduled to work, that the employee did not
work at the recommendation or direction of a health care provider acting within the provider's
scope of practice or a Department of Health staff member due to the possibility the employee
was exposed to or infected with COVID-19.
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new text begin (c) Notwithstanding any law to the contrary, for each day or portion of a day identified
in paragraph (a) or (b), a school district or charter school must compensate any school
district or charter school employee for any hours scheduled but not worked at the employee's
regular rate of pay.
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new text begin (d) Notwithstanding any law to the contrary, for the purposes of this subdivision, an
employee is deemed scheduled to work if:
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new text begin (1) a school district or charter school notified the employee of the schedule orally or in
writing;
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new text begin (2) the employee works a fixed or periodically recurring schedule and had not notified
the school district or charter school that the employee intended to deviate from that schedule;
or
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new text begin (3) if neither clause (1) nor (2) apply, the employee is deemed scheduled to work the
same number of hours and days as the most recent prior schedule for which the school
district or charter school provided notice.
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new text begin (e) Subject to Department of Health guidelines, labor agreements, and school district or
charter school policies, a school district or charter school may schedule an employee to
work on tasks outside of their normal purview.
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new text begin (f) Notwithstanding any law to the contrary, compensation under this subdivision must
not be deducted from accrued sick or paid leave unless the employee is unable to work due
to illness, injury, or other incapacity, including treatment for a COVID-19 infection.
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new text begin (g) Notwithstanding any law to the contrary, a school district or charter school must
count any hours or days for which an employee is entitled to compensation under this
subdivision as hours or days worked for the purpose of entitlement to or accrual of any
benefits to which the employee would be otherwise entitled.
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new text begin (h) A school district or charter school is encouraged to use hourly employees for
COVID-19 response related work. This may include but is not limited to appropriate work
in food distribution, cleaning and disinfecting, assistance with distance learning, or connecting
families with resources.
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new text begin Subd. 3. new text end

new text begin Distance learning period; contract employer compensation for eligible
employees. new text end

new text begin (a) For purposes of this subdivision, "contract employer" means an employer
who provides student-related services throughout the school year to a school district or
charter school, and "eligible employee" means a person who:
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new text begin (1) has the primary task of providing services to students attending a school district or
charter school;
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new text begin (2) was scheduled to work for the contract employer on any day or days of the distance
learning period;
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new text begin (3) did not work on any or all of those days; and
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new text begin (4) did not receive compensation for any or all of the employee's regularly scheduled
shifts or hours on those school days.
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new text begin (b) A contract employer who agrees to compensate eligible employees at the regular
rate of pay for the hours of pay lost during the distance learning period must notify the
school district or charter school of the intended compensation and, once notified, the school
district or charter school must fully compensate the contract employer for the days identified.
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new text begin (c) Notwithstanding paragraph (b), a school district or charter school and contract
employer may, by mutual agreement, adjust the full, regularly scheduled daily contract rate
if special circumstances within the school district or charter school warrant an adjustment.
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new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
effective retroactively from the beginning of the 2019-2020 school year.
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